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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I wonder if you can offer some advice. My two daughters and

Customer Question

I wonder if you can offer some advice. My two daughters and two friends (4 adults) have just signed a tenancy agreement with an agency for a five-bedroom house. The agency advertised the house as a five-bedroom letting, and have interviewed and were about to sign up the fifth tenant when they informed everyone that the landlord does not have an HMO licence and they cannot legally let the property for five people. This house has been on their books for some time and they have nearly completed on tenancies before. This is now leaves everyone potentially homeless; the tenants had budgeted for a five-way split on the rent (it is an assured short-term tenancy). Does this constitute some form of misselling by the agency since they have clearly been misled by the advertising and agency process? If so, what recourse do they have?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what the agency is proposing to do in the circumstances please? Is it proposing to terminate the agreement and refund all fees and rent etc paid?

Joshua :

Do your daughters have a copy of the tenancy signed by the landlord and / or have they paid any rent or a deposit for the tenancy to date?